DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radio Frequency Systems Pty Limited
(AG2015/2134)

RADIO FREQUENCY SYSTEMS PTY LIMITED MANUFACTURING ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 MARCH 2015

Application for approval of the Radio Frequency Systems Pty Limited Manufacturing Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Radio Frequency Systems Pty Limited Manufacturing Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Radio Frequency Systems Pty Limited. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to the Agreement and these undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Subject to these undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 2 April 2015. The nominal expiry date of the Agreement is 25 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

Radio Frequency Systems Pty Limited (RFS) brought an application before the Fair Work Commission (FWC) seeking approval of the Radio Frequency Systems Pty Limited Manufacturing Enterprise Agreement 2015. The dispute arose from negotiations between RFS and the Electrical Trades Union of Australia (ETUA) regarding the terms and conditions of employment for RFS's employees. The ETUA challenged the proposed agreement, arguing that it did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement met the criteria for approval under section 231 of the Act. The ETUA argued that the agreement did not provide for the proper protection of employees' terms and conditions of employment, as it included provisions that were contrary to the Fair Work (Registered Organisations) Act 2009. The FWC had to determine if the agreement was in the public interest and whether it provided for the proper protection of employees' terms and conditions.

The FWC considered the arguments of both parties and examined the provisions of the agreement. It found that the agreement provided for the proper protection of employees' terms and conditions, despite the ETUA's concerns. The FWC concluded that the agreement was in the public interest and approved it under section 231 of the Act. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees and balanced the interests of both parties.

The FWC approved the Radio Frequency Systems Pty Limited Manufacturing Enterprise Agreement 2015. This decision provides guidance on the criteria for approving enterprise agreements and the importance of balancing the interests of employers and employees. It also highlights the role of the FWC in ensuring that enterprise agreements meet the requirements of the Fair Work Act 2009.

Radio Frequency Systems Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established